West Virginia § 3-2-23 Cancellation of registration of deceased or ineligible voters

West Virginia Statutes

§ 3-2-23 — Cancellation of registration of deceased or ineligible voters

West Virginia § 3-2-23

Ch. 3ELECTIONS

Art. 2REGISTRATION OF VOTERS

This text of West Virginia § 3-2-23 (Cancellation of registration of deceased or ineligible voters) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 3-2-23 (2026).

Text

The clerk of the county commission shall cancel the registration of a voter:

(1)Upon the voter's death as verified by:

(A)A death certificate from the Registrar of Vital Statistics or a notice from the Secretary of State that a comparison of the records of the registrar with the county voter registration records show the person to be deceased;

(B)The publication of an obituary or other writing clearly identifying the deceased person by name, residence and age corresponding to the voter record; or

(C)An affidavit signed by the parent, legal guardian, child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;

(2)Upon receipt of an official notice from a state or federal court that the person has been convicted of a felony, of tre

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The clerk of the county commission shall cancel the registration of a voter:

(1) Upon the voter's death as verified by:

(A) A death certificate from the Registrar of Vital Statistics or a notice from the Secretary of State that a comparison of the records of the registrar with the county voter registration records show the person to be deceased;

(B) The publication of an obituary or other writing clearly identifying the deceased person by name, residence and age corresponding to the voter record; or

(C) An affidavit signed by the parent, legal guardian, child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;

(2) Upon receipt of an official notice from a state or federal court that the person has been convicted of a felony, of treason or bribery in an election;

(3) Upon receipt of a notice from the appropriate court of competent jurisdiction of a determination of a voter's mental incompetence;

(4) Upon receipt from the voter of a written request to cancel the voter's registration, upon confirmation by the voter of a change of address to an address outside the county, upon notice from a voter registrar of another jurisdiction outside the county or state of the receipt of an application for voter registration in that jurisdiction, or upon notice from the Secretary of State that a voter registration application was accepted in another county of the state subsequent to the last registration date in the first county, as determined from a comparison of voter records; or

(5) Upon failure to respond and produce evidence of continued eligibility to register following the challenge of the voter's registration pursuant to the provisions of section twenty-eight of this article.

Legislative History

2021 Reg. Sess., SB565; 2013 Reg. Sess., SB535; 2012 Reg. Sess., SB637; 1994 Reg. Sess., SB520; 1983 Reg. Sess., HB1882; 1963 Reg. Sess., SB2; 1941 Reg. Sess., HB206